Bethel Township City Zoning Code
ARTICLE XVI
AACOD Active Adult Community Overlay District
§ 480-97 Purposes.
The purposes for the creation of the Active Adult Community Overlay District and the development standards and other requirements are:
A.
To recognize the need for the expansion of housing opportunities and particularly the growing housing needs of older members of the population.
B.
To recognize that less community facilities and services impacts of elder communities and their lower average household size can justify a higher density of development.
C.
To encourage the development of planned communities that offer a mix of housing and nonresidential commercial retail and service uses, designed to serve the planned community, in order to reduce the need to travel off-site.
D.
To encourage innovative residential community site design that meets the demand for varying dwelling unit types and provides for the recreational and open space needs of the community's residents.
E.
To encourage more flexible site design standards that will provide for the protection of the Township's environmental resources and the preservation of its character.
F.
To encourage the most efficient use of Township's land and infrastructure resources.
§ 480-98 Definitions.
As used in this article, the following words and phrases shall have the meaning herein indicated:
A planned residential development designed and developed for the particular purpose of creating an environment that provides for the specific housing and related ancillary facilities needs of the population generally 55 years of age and older. Nothing in this article shall be construed to be a violation of the Fair Housing Act of 1968, Section 801-901, 42 U.S.C. §§ 3601-3631 (1968).
A landowner or developer, as hereinafter defined, who has filed an application for approval of an active adult community development plan, his heirs, successors and assigns.
That land, which may include water, area of an active adult community that is designed and intended for the use and/or enjoyment of the residents of the community, not including streets, off-street parking areas and areas set aside for public facilities. Common open space shall be free of structures except those intended for recreational purposes and specifically approved by the Board as part of the approved plan of the active adult community.
A building or buildings together with related outdoor areas and facilities designed to provide for the recreational social and limited commercial retail and service needs of the residents and guests of an active adult community.
A tract of land that is not separated in any manner by land owned by a person or persons other than the applicant, a public street right-of-way or a railroad fee simple interest, easement or right-of-way.
Any landowner or agent thereof or person having an equitable interest, who makes or causes to be made an application for approval of an active adult community development plan.
The written and graphic material as required by this article for the development of an active adult community.
The number of dwelling units per acre in an active adult community, calculated by dividing the total number of dwelling units by the total acreage of the site exclusive of existing dedicated rights-of-way.
A dwelling unit for senior citizens who can live independent of assistance and/or supervision that provides full living accommodations including full baths and full kitchens.
The legal or beneficial owner or owners of land, the holder of an option or contract to purchase land or any other person having proprietary interest in the land.
An incorporated organization of homeowners within an active adult community to which all homeowners shall belong and established for the purpose of owning, maintaining and preserving the common open space and recreational facilities. All costs associated with the homeowner's corporations shall be shared equitably among the members of the association.
A facility for senior citizens providing permanent residential accommodations including assisted living and independent living units operated by a legal entity and duly licensed by the Commonwealth of Pennsylvania.
Areas characterized by a change in elevation greater than or equal to 25% over three or more consecutive contours using a two-foot contour interval. Steep areas remaining from previous land uses shall not be considered steep slopes.
§ 480-99 Administrative.
The administration of the procedures concerning the application for and approval of an active adult community development shall be vested solely in the Board of Supervisors. However, all applications for preliminary and final approval of plans for such developments shall be first referred to the Delaware County and Bethel Township Planning Commissions for their review and comment before said plans are considered by the Board of Supervisors.
§ 480-100 Applicability.
A.
An active adult community shall be permitted only as follows:
(1)
As a conditional use, the development plan of which must be approved by the Board of Supervisors.
(2)
As an Overlay Zoning District in the R-1, R-3, R-4 and T Zoning districts.
(3)
Only on a contiguous tract of a minimum of 75 acres in single ownership or single equitable ownership at the time of application.
(4)
Only in areas served by public sanitary sewer systems and public water supply systems.
B.
An active adult community development shall meet all requirements of this chapter except for those provisions specifically modified by this Article XVI.
C.
Residents of an active adult community development shall be limited to households including at least one permanent resident age 55 years or older, and shall prohibit occupancy by any person age 18 or younger. A person age 18 or younger may, however, reside in a dwelling unit in an active adult community on a temporary basis for no more than 120 days in any calendar year. Members of a household that met the residency requirements at initial occupancy shall not be required to terminate occupancy in the event of death, divorce, placement in a nursing home or similar circumstance of the resident age 55 or older.
D.
An active adult community shall be designed as a private community. No decision of public roads will be permitted and other services such as, but not limited to, snow removal and trash removal shall not be the responsibility of the Township. All taxes, sewer and water rates shall be levied at the same rate as all other residents.
§ 480-101 Permitted uses.
The following uses shall be permitted in the Active Adult Community Overlay:
A.
Single-family detached dwelling units.
B.
Single-family attached dwelling units.
C.
Single-family semidetached dwelling units.
D.
Multifamily semidetached dwelling units.
E.
Residential care facilities.
F.
Indoor and outdoor recreational facilities.
G.
Community center.
H.
Accessory uses, accessory only to the overall active adult community and customarily incidental to such communities, including administrative offices and maintenance and security facilities for the management of the active adult community, community swimming pools, hot tubs, decks, uncovered landings, porches, patios, off-street parking and accessory utility facilities.
I.
Other uses may be permitted, only if approved by the Board of Supervisors, on tracts of land in excess of 200 acres.
§ 480-102 Density and open space requirements.
A.
Density. The maximum gross density of an active adult community shall not exceed three dwelling units per acre. Gross density shall be calculated on the entire tract excepting existing public rights-of-way.
B.
Open space. A minimum of 50% of the tract, exclusive of public rights-of-way, shall be set aside as common open space. No land area less than 20 feet in width may be included in the calculation of open space.
§ 480-103 Bulk, area and dimensional standards.
A.
No principal structure, accessory structure, excepting communications towers and utilities structures, or parking lot in an active adult community shall be located less than 75 feet from a tract boundary, nor shall a vehicular access drive, exclusive of ingress and egress facilities, communications towers and utilities structures be located less than 50 feet from a tract boundary. In instances of single-family detached and semidetached dwelling units in an active adult community abutting existing single-family detached developments, the setback of a principal structure may be reduced to 50 feet. When a tract boundary abuts permanently protected open space, the setback of a principal structure may be reduced to 50 feet. The seventy-five-foot setback shall, however, be maintained in all instances of a tract boundary abutting a public road right-of-way. The area created by the setbacks shall constitute the required buffer yard.
B.
An active adult community shall contain a mix of at least three types of the permitted dwelling units: single-family detached, single-family semidetached, single-family attached and multifamily. The multifamily units shall only be used to provide for assisted-living accommodations, however, may be used for independent living units.
C.
No group of attached dwelling units shall exceed six dwelling units and no more than two adjoining dwelling units shall have the same front and rear facade, each variation in facade being, at a minimum, four feet.
D.
An active adult community shall have direct access to a public arterial or collector road and a minimum of 400 feet of frontage on at least one of the roads the tract may abut.
E.
An all-weather surface pedestrian circulation system, interconnecting dwelling units, service areas, common facilities, recreational facilities, and parking areas, shall be provided and shall be a minimum of four feet in width.
F.
The minimum paved roadway in an active adult community for streets serving less than 12 dwelling units shall be 20 feet, and 24 feet for all other roads; in instances of one-way roads, the minimum road width shall be 14 feet.
G.
The following are the required minimum lot area and dimensional requirements in an active adult community:
(1)
Single-family detached.
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Minimum front setback: 25 feet.
(d)
Minimum side yard: five feet (20 feet aggregate).
(e)
Minimum rear yard: 20 feet.
(f)
Maximum impervious cover: 60% of lot area.
(g)
Maximum building height: two stories, not to exceed 28 feet.
(2)
Single-family semidetached.
(3)
Single-family attached.
(a)
Minimum lot area: 2,500 square feet.
(b)
Minimum lot width: 26 feet.
(c)
Minimum front setback: 25 feet.
(d)
Minimum rear yard: 20 feet.
(e)
Minimum distance from other principal structures: 30 feet.
(f)
Maximum impervious cover for end units: 60% of lot area.
(g)
Maximum impervious cover for interior attached unit: 70% of lot area.
(h)
Maximum building height: two stories, not to exceed 28 feet.
(4)
Multifamily detached and all other principal structures.
(a)
Minimum distance from other principal structures: 20 feet plus one foot for each additional foot of building height in excess of 20 feet.
(b)
Minimum distance from internal roadway: 20 feet.
(c)
Minimum distance from parking areas: 10 feet.
(d)
Maximum impervious cover: impervious cover shall not exceed 60% over the entire tract less the required open space.
(e)
Maximum building height: two stories not to exceed 34 feet.
§ 480-104 Parking requirements.
A.
The minimum required off-street parking for single-family detached, semidetached and attached dwelling units shall be two spaces that may be provided in a garage. At least one of the required spaces must be located behind the front yard setback.
B.
The minimum required off-street parking for multifamily dwelling units shall be 1.5 spaces.
C.
The minimum required off-street parking for all other uses in an active adult community shall be one space for each 200 square feet of floor area.
D.
Parking areas for 20 vehicles or more shall be screened from adjacent structures and roadways by hedges, planting screens, landscaped berms, walls, solid fences or changes in grade.
E.
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by a landscaped island.
§ 480-105 Design standards.
A.
Landscaping
(1)
Landscaping shall be considered an essential feature of all active adult community development. Continuously planted visual barrier or landscape screen shall be provided in the required buffer yard. Where appropriate, the use of noninvasive existing vegetation, landscaped berms and solid walls and fences shall be utilized. The interior of the site, including all storage and parking areas, shall also be landscaped and shall consist of deciduous trees, including fruit varieties, evergreen trees, shrubs and ground cover and shall be planted according to an overall landscape plan.
(2)
The required landscape plan shall consider the integration of the structures on the site with the surrounding lands and open space in a manner that creates a total environment. The landscape plan shall also consider in the use of plant materials the following:
(a)
Aesthetic values such as seasonal colors, flowers, bark and crown characteristics as well as die-back.
(b)
Susceptibility of plant material to insect infestation, disease and air pollution.
(c)
Species longevity.
(d)
Suitability of plant material to soil types.
(e)
Wildlife habitat.
(f)
Potential for destruction of pavements and utility lines.
(3)
The protection of trees of twelve-inch dbh shall be a factor in determining the location of open space structures, paved areas, utilities, recreational areas and finished grade levels.
(4)
Natural features on the tract such as streams and other water bodies, floodplains, woodlands, wetlands, steep slopes and wildlife habitat shall be preserved to the maximum extent possible and incorporated into the landscape plan. The applicant shall also demonstrate how the natural features will be protected during construction.
(5)
Historic and other cultural resources such as views and view sheds shall be identified and to the maximum extent possible preserved.
(6)
Shade trees shall be provided along both sides of all streets that are not naturally wooded at a minimum of two two-inch dbh trees per each forty feet of roadway. Trees in the same amount required above may be arranged, however, in clustered formations as an alternative to strict lines and spacing.
B.
Exterior lighting.
§ 480-106 Open space.
A.
The common open space shall be designed as a predominantly contiguous area, to preserve the natural features of the tract and to be readily accessible to the residents of an active adult community.
B.
A minimum of 25% of the open space shall be unconstrained developable land that is not wetland, floodplain nor steep slopes.
C.
Structures in open space areas shall be limited to only those related to recreational or open space uses and, when necessary, utility and stormwater management facilities. Recreational and open space structures may include picnic pavilions, paved court game surfaces and facilities, facilities associated with golf courses, swimming pools, hot tubs and associated facilities, rest rooms and similar kinds of recreational and open space facilities.
D.
In order to ensure the continuance and maintenance of the common open space, the developer shall provide for and establish a nonprofit homeowners' corporation, condominium or cooperative governed according to the following regulations:
(1)
The organization is established by the developer and operating before the sale of any dwelling units.
(2)
Membership in the organization is mandatory for all purchases of dwelling units therein and their successors.
(3)
The organization shall be responsible for the maintenance of and the insurance and taxes on the common open space.
(4)
The members of the organization shall share equitably the cost of development, maintenance, insurance and taxes.
(5)
The organization shall have or employ the necessary personnel to adequately administer and maintain the common open space.
§ 480-107 Staged development.
A developer may construct an active adult community in stages, provided that the following conditions are met:
A.
The application for subdivision and land development approval covers the entire active adult community development and delineates the location and a schedule of development of each stage. The schedule shall show the proposed times for application for final approval and shall be, on the anniversary of subdivision and land development approval, updated annually.
B.
At least 15% of the dwelling units in the plan given subdivision and land development approval are included in the first stage as well as the recreation, landscaping, roads and other essential facilities necessary to accommodate that stage. The club house facility shall be built upon attainment of 50% lot conveyance.
C.
All subsequent stages are completed consistent with the approved subdivision and land development plan and are of a size and location to constitute economically viable development. In no event shall subsequent stages contain less than 15% of the total dwelling units on the approved plan.
D.
The gross residential density may be varied from stage to stage, provided that final approval shall not be given to any stage if the gross density by type of dwelling unit, including stages with final approval and the stage for which final approval is sought exceeds by more than 10% the gross residential density for each type of dwelling unit allowed in the approved tentative plan for the entire active adult community.
§ 480-108 Conditional use requirements.
The following analyses and assessments shall be submitted to the Board of Supervisors prior to the application for approval of a tentative plan. The Board of Supervisors will refer these analyses and assessments to the Planning Commission for their review and comment prior to scheduling a hearing before the Board:
A.
Preliminary analysis.
(1)
Environmental assessment. The applicant shall analyze the tract and identify those areas demonstrating constraints to development. The analysis shall include, at a minimum, the delineation and quantification of areas of the tract constrained by steep slopes, floodplains, wetlands, other water resource areas, woodlands and habitat areas. All trees in excess of 12 inches in caliper shall be individually inventoried and mapped except in areas where trees are anticipated to be preserved.
(2)
Historic and cultural resources assessment. The applicant shall analyze all historic and cultural resources on the tract and the potential impact of the proposed development on those resources.
(3)
Traffic impact assessment. The applicant shall analyze the traffic generation from the proposed development and its potential impact upon the surrounding road system.
(4)
Public utilities assessment. The applicant shall assess the capability of the public water and sanitary sewer systems to accommodate the proposed development and the proposed method of stormwater management.
(5)
Description and development. The applicant shall describe in text and graphical format the general description of the proposed development, its ownership and management, proposed design and quantify all relevant information related to the development of the active adult community. At a minimum, the description shall include the number and type of dwelling units and density; the number, types and floor areas of other residential and nonresidential uses; parking requirements; solid waste management; potential employment; need for the development; and the impacts of the development on the character of the community.
(6)
Fiscal impact assessment. The applicant shall analyze the costs to the Township for the provision of public facilities and services necessary to support the proposed development and the potential revenues to be realized as a result of the development.
B.
Mitigation plan. The applicant shall prepare a report detailing the impacts found in the assessments required in Subsection A of this section and describing the method of mitigation of all impacts.
C.
Calculation of allowable uses. The applicant shall quantify, based upon the assessments and the mitigation plan required in Subsection B of this section, the allowable number and types of dwelling units and the number, types and floor areas of other residential and nonresidential uses.
D.
Concept plan. The applicant shall prepare and submit a conceptual plan in the form of a sketch plan rather than an engineered plan; however, in sufficient detail to demonstrate compliance with the development and design standards required by this article.
E.
Architectural renderings. The architecture of the proposed development shall be designed to preserve and/or enhance the character of the surrounding community. The applicant shall prepare and submit architectural renderings as part of the conditional use permit and, upon approval, shall agree to conditions necessary to ensure compliance.
§ 480-109 Application for preliminary approval of an active adult community.
An application for preliminary approval of an active adult community shall contain a detailed plan consisting of all of the items contained in § 480-49B(1) through B(11) of this chapter.